{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1904.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1904.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1904.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1904.html"}],"law_id":64664,"edition_id":1,"section_id":64664,"structure_id":15455,"section_number":"15.2-1904","catch_line":"Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred","history":"Code 1950, \u00a7\u00a7 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960, c. 6; 1962, cc. 494, 511, 623, \u00a7 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c. 434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, cc. 680, 940.","full_text":"A\n\nWhen a condemnation is authorized by § 15.2-1901, a locality may enter upon and take possession of property before the conclusion of condemnation proceedings, using the procedures in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, for public purposes of (i) streets and roads, (ii) drainage facilities, (iii) water supply and sewage disposal systems, including pipes and lines, (iv) oyster beds and grounds, and for any of the purposes set out in § 15.2-1901.1. In such proceedings, the procedure may be the same as is prescribed in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 or Chapter 3 of Title 25.1. Property may be condemned after the construction of a project, as well as prior thereto. The provisions of Chapter 3 of Title 25.1 shall be used to identify the fund out of which the judgment of the court in condemnation proceedings shall be paid. However, no property of any public service corporation shall be condemned except in accordance with §§ 15.2-1906, 15.2-2146 through 15.2-2148 and 25.1-102.B\n\nIn all other condemnation proceedings authorized by § 15.2-1901, property shall be acquired by condemnation proceedings in accordance with the procedure provided in Chapter 2 of Title 25.1.C\n\nBefore entering and taking possession of any property, the locality shall pay into court or to the clerk thereof, for the property owner’s benefit, such sum as the governing body estimates to be the fair value of the property taken and damage, if any, done to the residue. Such payment shall not limit the amount to be allowed under proper proceedings.D\n\nWhen a locality enters upon and takes possession of property before the conclusion of condemnation proceedings pursuant to the procedures in Chapter 3 of Title 25.1, a certificate in lieu of payment may be issued by the governing body through its authorized designee, which certificate shall be countersigned by the locality’s director of finance or authorized agent for availability of funds.E\n\nAs soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the locality shall reimburse the property owner, or other person legally obligated to pay the real property taxes, for the pro rata portion of real property taxes paid for the period subsequent to the date of title vesting in the locality or the effective date of possession of the real property by the locality, whichever is earlier.","order_by":null,"text":{"0":{"id":235354,"text":"When a condemnation is authorized by § 15.2-1901, a locality may enter upon and take possession of property before the conclusion of condemnation proceedings, using the procedures in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, for public purposes of (i) streets and roads, (ii) drainage facilities, (iii) water supply and sewage disposal systems, including pipes and lines, (iv) oyster beds and grounds, and for any of the purposes set out in § 15.2-1901.1. In such proceedings, the procedure may be the same as is prescribed in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 or Chapter 3 of Title 25.1. Property may be condemned after the construction of a project, as well as prior thereto. The provisions of Chapter 3 of Title 25.1 shall be used to identify the fund out of which the judgment of the court in condemnation proceedings shall be paid. However, no property of any public service corporation shall be condemned except in accordance with §§ 15.2-1906, 15.2-2146 through 15.2-2148 and 25.1-102.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235355,"text":"In all other condemnation proceedings authorized by § 15.2-1901, property shall be acquired by condemnation proceedings in accordance with the procedure provided in Chapter 2 of Title 25.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235356,"text":"Before entering and taking possession of any property, the locality shall pay into court or to the clerk thereof, for the property owner’s benefit, such sum as the governing body estimates to be the fair value of the property taken and damage, if any, done to the residue. Such payment shall not limit the amount to be allowed under proper proceedings.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235357,"text":"When a locality enters upon and takes possession of property before the conclusion of condemnation proceedings pursuant to the procedures in Chapter 3 of Title 25.1, a certificate in lieu of payment may be issued by the governing body through its authorized designee, which certificate shall be countersigned by the locality’s director of finance or authorized agent for availability of funds.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235358,"text":"As soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the locality shall reimburse the property owner, or other person legally obligated to pay the real property taxes, for the pro rata portion of real property taxes paid for the period subsequent to the date of title vesting in the locality or the effective date of possession of the real property by the locality, whichever is earlier.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15455,"edition_id":1,"name":"Condemnation","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:55:10","date_modified":"2026-06-26 03:55:10","permalink":{"id":154105,"object_type":"structure","relational_id":15455,"identifier":"19","token":"15.2\/II\/19","url":"\/15.2\/II\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69088,"structure_id":15455,"section_number":"15.2-1900","catch_line":"Repealed","url":"\/15.2-1900\/","token":"15.2\/II\/19\/15.2-1900","metadata":false},{"id":80108,"structure_id":15455,"section_number":"15.2-1901","catch_line":"Condemnation authority","url":"\/15.2-1901\/","token":"15.2\/II\/19\/15.2-1901","metadata":false},{"id":58874,"structure_id":15455,"section_number":"15.2-1901.1","catch_line":"Condemnation by localities authorized","url":"\/15.2-1901.1\/","token":"15.2\/II\/19\/15.2-1901.1","metadata":false},{"id":59804,"structure_id":15455,"section_number":"15.2-1902","catch_line":"Condemnation proceedings generally","url":"\/15.2-1902\/","token":"15.2\/II\/19\/15.2-1902","metadata":false},{"id":78741,"structure_id":15455,"section_number":"15.2-1903","catch_line":"Requirements for initiating condemnation; filing of ordinance or resolution with petition; voluntary conveyance","url":"\/15.2-1903\/","token":"15.2\/II\/19\/15.2-1903","metadata":false},{"id":64664,"structure_id":15455,"section_number":"15.2-1904","catch_line":"Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred","url":"\/15.2-1904\/","token":"15.2\/II\/19\/15.2-1904","metadata":false},{"id":81900,"structure_id":15455,"section_number":"15.2-1905","catch_line":"Special provisions for counties","url":"\/15.2-1905\/","token":"15.2\/II\/19\/15.2-1905","metadata":false},{"id":77592,"structure_id":15455,"section_number":"15.2-1906","catch_line":"Condemnation of existing water or sewage disposal systems","url":"\/15.2-1906\/","token":"15.2\/II\/19\/15.2-1906","metadata":false},{"id":69706,"structure_id":15455,"section_number":"15.2-1907","catch_line":"Condemnation for water supplies and water lines","url":"\/15.2-1907\/","token":"15.2\/II\/19\/15.2-1907","metadata":false},{"id":72161,"structure_id":15455,"section_number":"15.2-1907.1","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","url":"\/15.2-1907.1\/","token":"15.2\/II\/19\/15.2-1907.1","metadata":false}],"previous_section":{"id":78741,"structure_id":15455,"section_number":"15.2-1903","catch_line":"Requirements for initiating condemnation; filing of ordinance or resolution with petition; voluntary conveyance","url":"\/15.2-1903\/","token":"15.2\/II\/19\/15.2-1903","metadata":false},"next_section":{"id":81900,"structure_id":15455,"section_number":"15.2-1905","catch_line":"Special provisions for counties","url":"\/15.2-1905\/","token":"15.2\/II\/19\/15.2-1905","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1904\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 384; in 1958, chapter 382; in 1960, chapter 6; in 1962, chapters 494, 511, and 623; in 1964, chapter 269; in 1979, chapter 303; in 1983, chapter 434; in 1989, chapter 304; in 1990, chapter 514; in 1997, chapter 587<\/a>; in 2003, chapters 680<\/a> and 940<\/a>.<\/p>","references":[{"id":86478,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","order_by":null,"url":"\/10.1-649\/"},{"id":59804,"section_number":"15.2-1902","catch_line":"Condemnation proceedings generally","order_by":null,"url":"\/15.2-1902\/"},{"id":81900,"section_number":"15.2-1905","catch_line":"Special provisions for counties","order_by":null,"url":"\/15.2-1905\/"}],"refers_to":[{"id":80108,"section_number":"15.2-1901","catch_line":"Condemnation authority","order_by":null,"url":"\/15.2-1901\/"},{"id":58874,"section_number":"15.2-1901.1","catch_line":"Condemnation by localities authorized","order_by":null,"url":"\/15.2-1901.1\/"},{"id":77592,"section_number":"15.2-1906","catch_line":"Condemnation of existing water or sewage disposal systems","order_by":null,"url":"\/15.2-1906\/"},{"id":86795,"section_number":"15.2-2146","catch_line":"Powers of localities to acquire certain waterworks system","order_by":null,"url":"\/15.2-2146\/"},{"id":65927,"section_number":"15.2-2148","catch_line":"Contracts for water supply","order_by":null,"url":"\/15.2-2148\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"}],"permalink":{"id":154127,"object_type":"law","relational_id":64664,"identifier":"15.2-1904","token":"15.2\/II\/19\/15.2-1904","url":"\/15.2-1904\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1904\/","token":"15.2\/II\/19\/15.2-1904","dublin_core":{"Title":"Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1904","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a condemnation is authorized by § 15.2-1901<\/a>, a locality<\/span> may enter upon and take possession<\/span> of property before the conclusion of condemnation proceedings, using the procedures in Chapter 3 (§ 25.1-300<\/a> et seq.) of Title 25.1, for public purposes of (i) streets and roads, (ii) drainage facilities, (iii) water supply and sewage disposal systems, including pipes and lines, (iv) oyster beds and grounds, and for any of the purposes set out in § 15.2-1901.1<\/a>. In such proceedings, the procedure may be the same as is prescribed in Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1 or Chapter 3 of Title 25.1. Property may be condemned after the construction of a project, as well as prior thereto. The provisions of Chapter 3 of Title 25.1 shall be used to identify the fund out of which the judgment<\/span> of the court<\/span> in condemnation proceedings shall be paid. However, no property of any public service corporation shall be condemned except in accordance with §§ 15.2-1906<\/a>, 15.2-2146<\/a> through 15.2-2148<\/a> and 25.1-102<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In all other condemnation proceedings authorized by § 15.2-1901<\/a>, property shall be acquired by condemnation proceedings in accordance with the procedure provided in Chapter 2 of Title 25.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before entering and taking possession<\/span> of any property, the locality<\/span> shall pay into court<\/span> or to the clerk thereof, for the property owner’s benefit, such sum as the governing body<\/span> estimates to be the fair value of the property taken and damage, if any, done to the residue. Such payment shall not limit the amount to be allowed under proper proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When a locality<\/span> enters upon and takes possession<\/span> of property before the conclusion of condemnation proceedings pursuant to the procedures in Chapter 3 of Title 25.1, a certificate in lieu of payment may be issued by the governing body<\/span> through its authorized designee, which certificate shall be countersigned by the locality<\/span>’s director of finance or authorized agent for availability of funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> As soon as practicable after the date of payment of the purchase price or the date of deposit into court<\/span> of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the locality<\/span> shall reimburse the property owner, or other person legally obligated to pay the real property taxes, for the pro rata portion of real property taxes paid for the period subsequent to the date of title vesting in the locality<\/span> or the effective date of possession<\/span> of the real property by the locality<\/span>, whichever is earlier. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION OF PROPERTY PRIOR TO CONDEMNATION; AUTHORITY TO UTILIZE EXPEDITED\nACQUISITION PROCEDURE CONFERRED (\u00a7 15.2-1904)\n\nA. When a condemnation is authorized by § 15.2-1901, a locality may enter\nupon and take possession of property before the conclusion of condemnation\nproceedings, using the procedures in Chapter 3 (§ 25.1-300 et seq.) of\nTitle 25.1, for public purposes of (i) streets and roads, (ii) drainage\nfacilities, (iii) water supply and sewage disposal systems, including pipes and\nlines, (iv) oyster beds and grounds, and for any of the purposes set out in\n§ 15.2-1901.1. In such proceedings, the procedure may be the same as is\nprescribed in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 or Chapter 3 of\nTitle 25.1. Property may be condemned after the construction of a project, as\nwell as prior thereto. The provisions of Chapter 3 of Title 25.1 shall be used\nto identify the fund out of which the judgment of the court in condemnation\nproceedings shall be paid. However, no property of any public service\ncorporation shall be condemned except in accordance with §§ 15.2-1906,\n15.2-2146 through 15.2-2148 and 25.1-102.\n\nB. In all other condemnation proceedings authorized by § 15.2-1901,\nproperty shall be acquired by condemnation proceedings in accordance with the\nprocedure provided in Chapter 2 of Title 25.1.\n\nC. Before entering and taking possession of any property, the locality shall pay\ninto court or to the clerk thereof, for the property owner’s benefit, such\nsum as the governing body estimates to be the fair value of the property taken\nand damage, if any, done to the residue. Such payment shall not limit the amount\nto be allowed under proper proceedings.\n\nD. When a locality enters upon and takes possession of property before the\nconclusion of condemnation proceedings pursuant to the procedures in Chapter 3\nof Title 25.1, a certificate in lieu of payment may be issued by the governing\nbody through its authorized designee, which certificate shall be countersigned\nby the locality’s director of finance or authorized agent for availability\nof funds.\n\nE. As soon as practicable after the date of payment of the purchase price or the\ndate of deposit into court of funds to satisfy the award of compensation in a\ncondemnation proceeding to acquire real property, whichever is earlier, the\nlocality shall reimburse the property owner, or other person legally obligated\nto pay the real property taxes, for the pro rata portion of real property taxes\npaid for the period subsequent to the date of title vesting in the locality or\nthe effective date of possession of the real property by the locality, whichever\nis earlier.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960,\nc. 6; 1962, cc. 494, 511, 623, \u00a7 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.\n434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, cc. 680, 940.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}